Bump in the road for Nekundi

Speed hump controversy heads to court
Amushelelo takes on government over controversial bypass speed humps
Rita Kakelo

Speed humps installed on Windhoek's Western Bypass to slow traffic and protect pedestrians have become the centre of a growing dispute over whether the measures are improving road safety or creating new dangers for motorists.


The debate has sparked widespread public discussion and intense criticism, culminating in an urgent High Court application on Friday by social activist Michael Amushelelo, who is seeking an order compelling authorities to remove the recently installed speed humps on one of Windhoek's busiest routes.


Amushelelo claims four accidents have already occurred at the site since the structures were erected. "An ambulance responding to an emergency was delayed by approximately five minutes on 11 June while traversing the speed humps," Amushelelo alleges in his court papers.


The structures were reportedly erected following growing concerns over pedestrian fatalities along the busy route, which links several parts of the capital and carries thousands of vehicles daily.


However, the intervention has drawn criticism from some motorists, who say the speed humps are unsuitable for a major arterial road and have led to traffic congestion, vehicle damage and safety concerns.


The government has defended the installation and asked the court to dismiss the application.


Works and Transport minister Veikko Nekundi raised several technical and legal objections in court on Friday, including whether Amushelelo has the legal standing to bring the matter and whether the application is sufficiently urgent.


Nekundi also challenged the wording of the application, arguing that the references to "highways" and "freeways" are legally flawed because Namibian law only recognizes trunk roads, main roads, district roads and farm roads, despite the Roads Ordinance only recognizing trunk roads, main roads, district roads and farm roads.


He further argues that although the law allows a trunk road to be declared a freeway through publication in the Government Gazette, no such freeway has been gazetted in Namibia. Nekundi has also challenged Amushelelo's legal standing and the urgency of the application, asking the court to dismiss the matter with costs.


Addressing Nekundi's argument on road classifications, Amushelelo describes the issue as one of semantics, saying the physical nature and function of the road remain unchanged regardless of how it is classified in law.

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